Florida Senate - 2024                                     SB 820
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00375A-24                                           2024820__
    1                        A bill to be entitled                      
    2         An act relating to child care and early learning
    3         providers; amending s. 170.201, F.S.; providing an
    4         exemption for public and private preschools from
    5         specified special assessments levied by a
    6         municipality; defining the term “preschool”; creating
    7         s. 211.0254, F.S.; authorizing the use of credits
    8         against certain taxes beginning on a specified date;
    9         providing a limitation on such credits; providing
   10         construction; providing applicability; creating s.
   11         212.1835, F.S.; authorizing the use of credits against
   12         certain taxes beginning on a specified date;
   13         authorizing certain expenses and payments to count
   14         toward the tax due; providing construction; providing
   15         applicability; requiring electronic filing of returns
   16         and payment of taxes; amending s. 220.19, F.S.;
   17         authorizing the use of credits against certain taxes
   18         beginning on a specified date; revising obsolete
   19         provisions; authorizing certain taxpayers to use the
   20         credit in a specified manner; providing applicability;
   21         creating s. 402.261, F.S.; defining terms; authorizing
   22         certain taxpayers to receive tax credits for certain
   23         actions; providing requirements for such credits;
   24         specifying the maximum tax credit that may be granted;
   25         authorizing tax credits be carried forward; requiring
   26         repayment of tax credits under certain conditions and
   27         using a specified formula; requiring certain taxpayers
   28         to file specified returns and reports; requiring
   29         certain funds be redistributed; requiring taxpayers to
   30         submit applications beginning on a specified date to
   31         receive tax credits; requiring the application to
   32         include certain information; requiring the Department
   33         of Revenue to approve tax credits in a specified
   34         manner; prohibiting the transfer of a tax credit;
   35         providing an exception; requiring the department to
   36         approve certain transfers; requiring a specified
   37         approval before the transfer of certain credits;
   38         authorizing credits to be rescinded during a specified
   39         time period; requiring specified approval before
   40         certain credits may be rescinded; requiring rescinded
   41         credits to be made available for use in a specified
   42         manner; requiring the department to provide specified
   43         letters in a certain time period with certain
   44         information; authorizing the department to adopt
   45         rules; amending s. 402.305, F.S.; revising licensing
   46         standards for all licensed child care facilities and
   47         minimum standards and training requirements for child
   48         care personnel; requiring the Department of Children
   49         and Families to conduct specified screenings of child
   50         care personnel within a specified timeframe and issue
   51         provisional approval of such personnel under certain
   52         conditions; providing an exception; deleting
   53         provisions relating to drop-in child care; deleting
   54         provisions relating to educating parents and children
   55         about specified topics; deleting provisions relating
   56         to specialized child care facilities for the care of
   57         mildly ill children; amending s. 402.306, F.S.;
   58         requiring a county commission to annually affirm
   59         certain decisions; amending s. 402.3115, F.S.;
   60         expanding the types of providers to be considered when
   61         developing and implementing a plan to eliminate
   62         duplicative and unnecessary inspections; revising
   63         requirements for an abbreviated inspection plan for
   64         certain child care facilities; requiring the
   65         department to adopt rules; amending s. 402.316, F.S.;
   66         providing that certain child care facilities are
   67         exempt from specified requirements; creating s.
   68         561.1214, F.S.; authorizing the use of credits against
   69         certain taxes beginning on a specified date; providing
   70         a limitation on such credits; providing applicability;
   71         providing construction; amending s. 624.5107, F.S.;
   72         authorizing the use of credits against certain taxes
   73         beginning on a specified date; providing a limitation;
   74         providing construction; providing applicability;
   75         amending s. 624.509, F.S.; revising the order in which
   76         certain credits and deductions may be taken to
   77         incorporate changes made by this act; amending s.
   78         627.70161, F.S.; defining the term “large family child
   79         care home”; providing that specified insurance
   80         provisions apply to large family child care homes;
   81         amending s. 1002.59, F.S.; conforming cross
   82         references; authorizing the Department of Revenue to
   83         adopt emergency rules; providing for expiration;
   84         providing effective dates.
   85          
   86  Be It Enacted by the Legislature of the State of Florida:
   87  
   88         Section 1. Subsection (2) of section 170.201, Florida
   89  Statutes, is amended to read:
   90         170.201 Special assessments.—
   91         (2) Property owned or occupied by a religious institution
   92  and used as a place of worship or education; by a public or
   93  private preschool, elementary school, middle school, or high
   94  school; or by a governmentally financed, insured, or subsidized
   95  housing facility that is used primarily for persons who are
   96  elderly or disabled shall be exempt from any special assessment
   97  levied by a municipality to fund any service if the municipality
   98  so desires. As used in this subsection, the term “religious
   99  institution” means any church, synagogue, or other established
  100  physical place for worship at which nonprofit religious services
  101  and activities are regularly conducted and carried on and the
  102  term “governmentally financed, insured, or subsidized housing
  103  facility” means a facility that is financed by a mortgage loan
  104  made or insured by the United States Department of Housing and
  105  Urban Development under s. 8, s. 202, s. 221(d)(3) or (4), s.
  106  232, or s. 236 of the National Housing Act and is owned or
  107  operated by an entity that qualifies as an exempt charitable
  108  organization under s. 501(c)(3) of the Internal Revenue Code. As
  109  used in this subsection, the term “preschool” means any child
  110  care facility licensed under s. 402.305 which serves children
  111  under 5 years of age.
  112         Section 2. Section 211.0254, Florida Statutes, is created
  113  to read:
  114         211.0254Child care tax credits.—Beginning January 1, 2025,
  115  there is allowed a credit pursuant to s. 402.261 against any tax
  116  imposed by the state due under s. 211.02 or s. 211.025. However,
  117  the combined credit allowed under this section and ss. 211.0251,
  118  211.0252, and 211.0253 may not exceed 50 percent of the tax due
  119  on the return on which the credit is taken. If the combined
  120  credit allowed under the foregoing sections exceeds 50 percent
  121  of the tax due on the return, the credit must first be taken
  122  under s. 211.0251, then under s. 211.0253, then under s.
  123  211.0252. Any remaining liability must be taken under this
  124  section but may not exceed 50 percent of the tax due. For
  125  purposes of the distributions of tax revenue under s. 211.06,
  126  the department shall disregard any tax credits allowed under
  127  this section to ensure that any reduction in tax revenue
  128  received which is attributable to the tax credits results only
  129  in a reduction in distributions to the General Revenue Fund. The
  130  provisions of s. 402.261 apply to the credit authorized by this
  131  section.
  132         Section 3. Section 212.1835, Florida Statutes, is created
  133  to read:
  134         212.1835Child care tax credits.—Beginning January 1, 2025,
  135  there is allowed a credit pursuant to s. 402.261 against any tax
  136  imposed by the state and due under this chapter from a direct
  137  pay permitholder as a result of the direct pay permit held
  138  pursuant to s. 212.183. For purposes of the dealer’s credit
  139  granted for keeping prescribed records, filing timely tax
  140  returns, and properly accounting and remitting taxes under s.
  141  212.12, the amount of tax due used to calculate the credit must
  142  include any expenses or payments from a direct pay permitholder
  143  which give rise to a credit under s. 402.261. For purposes of
  144  the distributions of tax revenue under s. 212.20, the department
  145  shall disregard any tax credits allowed under this section to
  146  ensure that any reduction in tax revenue received which is
  147  attributable to the tax credits results only in a reduction in
  148  distributions to the General Revenue Fund. The provisions of s.
  149  402.261 apply to the credit authorized by this section. A dealer
  150  who claims a tax credit under this section must file his or her
  151  tax returns and pay his or her taxes by electronic means under
  152  s. 213.755.
  153         Section 4. Section 220.19, Florida Statutes, is amended to
  154  read:
  155         220.19 Child care tax credits.—
  156         (1) For taxable years beginning on or after January 1,
  157  2025, there is allowed a credit pursuant to s. 402.261 against
  158  any tax due for a taxable year under this chapter after the
  159  application of any other allowable credits by the taxpayer. The
  160  credit must be earned pursuant to s. 402.261 on or before the
  161  date the taxpayer is required to file a return pursuant to s.
  162  220.222. If the credit granted under this section is not fully
  163  used in any one year because of insufficient tax liability on
  164  the part of the corporation, the unused amount may be carried
  165  forward for a period not to exceed 5 years. The carryover credit
  166  may be used in a subsequent year when the tax imposed by this
  167  chapter for that year exceeds the credit for which the
  168  corporation is eligible in that year under this section after
  169  applying the other credits and unused carryovers in the order
  170  provided by s. 220.02(8).
  171         (2) A taxpayer that files a consolidated return in this
  172  state as a member of an affiliated group under s. 220.131(1) may
  173  be allowed the credit on a consolidated return basis; however,
  174  the total credit taken by the affiliated group is subject to the
  175  limitation established under s. 402.261(2)(d). If a corporation
  176  receives a credit for child care facility startup costs, and the
  177  facility fails to operate for at least 5 years, a pro rata share
  178  of the credit must be repaid, in accordance with the formula:
  179                        A = C x (1 - (N/60))                       
  180  Where:
  181         (a)“A” is the amount in dollars of the required repayment.
  182         (b)“C” is the total credits taken by the corporation for
  183  child care facility startup costs.
  184         (c)“N” is the number of months the facility was in
  185  operation.
  186  
  187  This repayment requirement is inapplicable if the corporation
  188  goes out of business or can demonstrate to the department that
  189  its employees no longer want to have a child care facility.
  190         (3)The provisions of s. 402.261 apply to the credit
  191  authorized by this section.
  192         (4)If a taxpayer applies and is approved for a credit
  193  under s. 402.261 after timely requesting an extension to file
  194  under s. 220.222(2):
  195         (a)The credit does not reduce the amount of tax due for
  196  purposes of the department’s determination as to whether the
  197  taxpayer was in compliance with the requirement to pay tentative
  198  taxes under ss. 220.222 and 220.32.
  199         (b)The taxpayer’s noncompliance with the requirement to
  200  pay tentative taxes shall result in the revocation and
  201  rescindment of any such credit.
  202         (c)The taxpayer shall be assessed for any taxes,
  203  penalties, or interest due from the taxpayer’s noncompliance
  204  with the requirement to pay tentative taxes.
  205         (5)For purposes of calculating the underpayment of
  206  estimated corporate income taxes under s. 220.34, the final
  207  amount due is the amount after credits earned under s. 220.19
  208  are deducted. For purposes of determining if a penalty or
  209  interest under s. 220.34(2)(d)1. will be imposed for
  210  underpayment of estimated corporate income tax, a taxpayer may,
  211  after earning a credit under s. 220.19, reduce any estimated
  212  payment in that taxable year by the amount of the credit.
  213         Section 5. Section 402.261, Florida Statutes, is created to
  214  read:
  215         402.261Child care tax credits.—
  216         (1)For purposes of this section, the term:
  217         (a)“Department” means the Department of Revenue.
  218         (b)“Division” means the Division of Alcoholic Beverages
  219  and Tobacco of the Department of Business and Professional
  220  Regulation.
  221         (c)“Eligible child” means the child or grandchild of an
  222  employee of a taxpayer, if such employee is the child or
  223  grandchild’s caregiver as defined in s. 39.01.
  224         (d)“Eligible child care facility” means a child care
  225  facility that:
  226         1.Is licensed under s. 402.305; or
  227         2.Is exempt from licensure under s. 402.316.
  228         (e)“Employee” includes full-time employees and part-time
  229  employees who work an average of at least 20 hours per week.
  230         (f)“Maximum annual tax credit amount” means, for any state
  231  fiscal year, the sum of the amount of tax credits approved under
  232  this section, including tax credits to be taken under s.
  233  211.0254, s. 212.1835, s. 220.19, s. 561.1214, or s. 624.5107,
  234  which are approved for taxpayers whose taxable years begin on or
  235  after January 1 of the calendar year preceding the start of the
  236  applicable state fiscal year.
  237         (g)“Tax due” means any tax required under chapter 211,
  238  chapter 220, chapter 561, or chapter 624, or due under chapter
  239  212 from a direct pay permitholder as a result of a direct pay
  240  permit held pursuant to s. 212.183.
  241         (2)(a)A taxpayer who operates an eligible child care
  242  facility for the taxpayer’s employees is allowed a credit of 50
  243  percent of the startup costs of such facility against any tax
  244  due for the taxable year such facility begins operation as an
  245  eligible child care facility. The maximum credit amount a
  246  taxpayer may be granted in a taxable year under this paragraph
  247  is based on the average number of employees employed by the
  248  taxpayer during such year. For an employer that employed:
  249         1.One to nineteen employees, the maximum credit is $1
  250  million.
  251         2.Twenty to two hundred fifty employees, the maximum
  252  credit is $500,000.
  253         3.More than 250 employees, the maximum credit is $250,000.
  254         (b)A taxpayer who operates an eligible child care facility
  255  for the taxpayer’s employees is allowed a credit of $300 per
  256  month for each eligible child enrolled in such facility against
  257  any tax due for the taxable year. The maximum credit amount a
  258  taxpayer may be granted in a taxable year under this paragraph
  259  is based on the average number of employees employed by the
  260  taxpayer during such year. For an employer that employed:
  261         1.One to nineteen employees, the maximum credit is
  262  $50,000.
  263         2.Twenty to two hundred fifty employees, the maximum
  264  credit is $500,000.
  265         3.More than 250 employees, the maximum credit is $1
  266  million.
  267         (c)A taxpayer who makes payments to an eligible child care
  268  facility in the name and for the benefit of an employee employed
  269  by the taxpayer whose eligible child attends such facility is
  270  allowed a credit of 100 percent of the amount of such payments
  271  against any tax due for the taxable year up to a maximum credit
  272  of $3,600 per child per taxable year. The taxpayer may make
  273  payments directly to the eligible child care facility or
  274  contract with an early learning coalition to process payments.
  275  The maximum credit amount a taxpayer may be granted in a taxable
  276  year under this paragraph is based on the average number of
  277  employees employed by the taxpayer during such year. For an
  278  employer that employed:
  279         1.One to nineteen employees, the maximum credit is
  280  $50,000.
  281         2.Twenty to two hundred fifty employees, the maximum
  282  credit is $500,000.
  283         3.More than 250 employees, the maximum credit is $1
  284  million.
  285         (d)A taxpayer may qualify for a tax credit under more than
  286  one paragraph of this subsection; however, the total credit
  287  taken by such taxpayers in a single taxable year may not exceed
  288  the sum total of the maximum credit they are granted under each
  289  applicable paragraph.
  290         (e)Beginning in fiscal year 2024-2025, the maximum annual
  291  tax credit amount is $5 million in each state fiscal year.
  292         (3)(a)If the credit granted under this section is not
  293  fully used within the specified state fiscal year for credits
  294  under s. 211.0254, s. 212.1835, or s. 561.1214, or against taxes
  295  due for the specified taxable year for credits under s. 220.19
  296  or s. 624.5107, because of insufficient tax liability on the
  297  part of the taxpayer, the unused amount may be carried forward
  298  for a period not to exceed 5 years. For purposes of s. 220.19, a
  299  credit carried forward may be used in a subsequent year after
  300  applying the other credits and unused carryovers in the order
  301  provided by s. 220.02(8).
  302         (b)1.If a taxpayer receives a credit for startup costs
  303  pursuant to paragraph (2)(a), and the eligible child care
  304  facility fails to operate for at least 5 years, a pro rata share
  305  of the credit must be repaid, in accordance with the formula:
  306                        A = C x (1 - (N/60))                       
  307  Where:
  308         a.“A” is the amount, in dollars, of the required
  309  repayment.
  310         b.“C” is the total credits taken by the taxpayer for
  311  eligible child care facility startup costs against a tax due
  312  under this section.
  313         c.“N” is the number of months the eligible child care
  314  facility was in operation.
  315         2.A taxpayer who is required to repay a pro rata share of
  316  the credit under this paragraph shall file an amended return
  317  with the department, or such other report as the department
  318  prescribes by rule, and pay such amount within 60 days after the
  319  last day of operation of the eligible child care facility. The
  320  department shall distribute such funds in accordance with the
  321  applicable statutory provision for the tax against which such
  322  credit was taken by that taxpayer.
  323         (4)(a)A taxpayer may claim a credit only for the creation
  324  or operation of, or payments to, an eligible child care
  325  facility.
  326         (b)The services of an eligible child care facility for
  327  which a taxpayer claims a credit under paragraph (2)(b) must be
  328  available to all employees employed by the taxpayer, or must be
  329  allocated on a first-come, first-served basis, and must be used
  330  by at least one eligible child.
  331         (c)Two or more taxpayers may jointly establish and operate
  332  an eligible child care facility according to the provisions of
  333  this section. If two or more taxpayers choose to jointly
  334  establish and operate an eligible child care facility, or cause
  335  a not-for-profit taxpayer to establish and operate an eligible
  336  child care facility, the taxpayers must file a joint
  337  application, or the not-for-profit taxpayer may file an
  338  application, pursuant to subsection (5) setting forth the
  339  taxpayers’ proposal. The participating taxpayers may proportion
  340  the available credits in any manner they choose. In the event
  341  the child care facility does not operate for 5 years, the
  342  repayment required under paragraph (3)(b) must be allocated
  343  among, and apply to, the participating taxpayers in the
  344  proportion that such taxpayers received the credit under this
  345  section.
  346         (d)Child care payments for which a taxpayer claims a
  347  credit under paragraph (2)(c) may not exceed the amount charged
  348  by the eligible child care facility for other children of like
  349  age and ability of persons not employed by the taxpayer.
  350         (5)Beginning October 1, 2024, a taxpayer may submit an
  351  application to the department for the purposes of determining
  352  qualification for a credit under this section to be applied to a
  353  taxable year beginning on or after January 1, 2025. The
  354  department must approve the application for the credit before
  355  the taxpayer is authorized to claim the credit on a return.
  356         (a)The application must include:
  357         1.a.For a credit under paragraph (2)(a), a proposal for
  358  establishing an eligible child care facility for use by its
  359  employees, the number of eligible children expected to be
  360  enrolled, and the expected date operations will begin. A credit
  361  may not be claimed on a return until operations have begun.
  362         b.For a credit under paragraph (2)(b), the total number of
  363  eligible children for whom child care will be provided at the
  364  eligible child care facility and the total number of months the
  365  facility is expected to operate during the taxable year in which
  366  the credit will be earned.
  367         c.For a credit under paragraph (2)(c), the total number of
  368  eligible children for whom child care payments will be paid and
  369  the estimated total annual amount of such payments during the
  370  taxable year in which the credit will be earned.
  371         2.The taxable year in which the credit is expected to be
  372  earned. A taxpayer may apply for a credit to be used for a prior
  373  taxable year at any time before the date on which the taxpayer
  374  is required to file a return for that year pursuant to s.
  375  220.222.
  376         3.For a credit under paragraph (2)(a) or paragraph (2)(b),
  377  a statement signed by a person authorized to sign on behalf of
  378  the taxpayer that the facility meets the definition of eligible
  379  child care facility and otherwise qualifies for the credit under
  380  this section. Such statement must be attached to the
  381  application.
  382         (b)The department shall approve tax credits on a first
  383  come, first-served basis, and must obtain the division’s
  384  approval before approving a tax credit under s. 561.1214. Within
  385  10 days after approving or denying an application, the
  386  Department of Revenue shall provide a copy of its approval or
  387  denial letter to the taxpayer.
  388         (6)(a)A taxpayer may not convey, transfer, or assign an
  389  approved tax credit or a carryforward tax credit to another
  390  entity unless all of the assets of the taxpayer are conveyed,
  391  assigned, or transferred in the same transaction. However, a tax
  392  credit under s. 211.0254, s. 212.1835, s. 220.19, s. 561.1214,
  393  or s. 624.5107 may be conveyed, transferred, or assigned between
  394  members of an affiliated group of taxpayers if the type of tax
  395  credit under s. 211.0254, s. 212.1835, s. 220.19, s. 561.1214,
  396  or s. 624.5107 remains the same. A taxpayer shall notify the
  397  department of its intent to convey, transfer, or assign a tax
  398  credit to another member within an affiliated group of
  399  corporations as defined in s. 220.03(1)(b). The amount conveyed,
  400  transferred, or assigned is available to another member of the
  401  affiliated group of corporations upon approval by the
  402  department. The department shall obtain the division’s approval
  403  before approving a conveyance, transfer, or assignment of a tax
  404  credit under s. 561.1214.
  405         (b)Within any state fiscal year, a taxpayer may rescind
  406  all or part of a tax credit approved under subsection (5). The
  407  amount rescinded shall become available for that state fiscal
  408  year to another taxpayer approved by the department under this
  409  section. The department must obtain the division’s approval
  410  before accepting the rescindment of a tax credit under s.
  411  561.1214. Any amount rescinded under this paragraph must become
  412  available to a taxpayer on a first-come, first-served basis
  413  based on tax credit applications received after the date the
  414  rescindment is accepted by the department.
  415         (c)Within 10 days after approving or denying the
  416  conveyance, transfer, or assignment of a tax credit under
  417  paragraph (a), or the rescindment of a tax credit under
  418  paragraph (b), the department shall provide a copy of its
  419  approval or denial letter to the taxpayer requesting the
  420  conveyance, transfer, assignment, or rescindment.
  421         (7)(a)The department may adopt rules to administer this
  422  section, including rules for the approval or disapproval of
  423  proposals submitted by taxpayers and rules to provide for
  424  cooperative arrangements between for-profit and not-for-profit
  425  taxpayers.
  426         (b)The department’s decision to approve or disapprove a
  427  proposal must be in writing, and, if the proposal is approved,
  428  the decision must state the maximum credit authorized for the
  429  taxpayer.
  430         (c)In addition to its existing audit and investigation
  431  authority, the department may perform any additional financial
  432  and technical audits and investigations, including examining the
  433  accounts, books, or records of the tax credit applicant, which
  434  are necessary to verify the costs included in a credit
  435  application and to ensure compliance with this section.
  436         (d)It is grounds for forfeiture of previously claimed and
  437  received tax credits if the department determines that a
  438  taxpayer received tax credits pursuant to this section to which
  439  the taxpayer was not entitled.
  440         Section 6. Paragraphs (a) and (c) of subsection (1),
  441  paragraphs (a), (e), and (f) of subsection (2), paragraph (c) of
  442  subsection (7), and subsections (9), (13), and (17) of section
  443  402.305, Florida Statutes, are amended to read:
  444         402.305 Licensing standards; child care facilities.—
  445         (1) LICENSING STANDARDS.—The department shall establish
  446  licensing standards that each licensed child care facility must
  447  meet regardless of the origin or source of the fees used to
  448  operate the facility or the type of children served by the
  449  facility.
  450         (a) The standards shall be designed to address the
  451  following areas:
  452         1.the health and nutrition, sanitation, safety,
  453  developmental needs, and sanitary adequate physical conditions
  454  surroundings for all children served by in child care
  455  facilities.
  456         2.The health and nutrition of all children in child care.
  457         3.The child development needs of all children in child
  458  care.
  459         (c) The minimum standards for child care facilities shall
  460  be adopted in the rules of the department and shall address the
  461  areas delineated in this section.
  462         1. The department, in adopting rules to establish minimum
  463  standards for child care facilities, shall recognize that
  464  different age groups of children may require different
  465  standards.
  466         2. The department may adopt different minimum standards for
  467  facilities that serve children in different age groups,
  468  including school-age children.
  469         3.The department may create up to two classification
  470  levels for violations of licensing standards that directly
  471  relate to health and safety. No other classification levels may
  472  be created. Violations of standards not directly related to
  473  health and safety may only be addressed through technical
  474  assistance.
  475         4. The department shall also adopt by rule a definition for
  476  child care which distinguishes between child care programs that
  477  require child care licensure and after-school programs that do
  478  not require licensure. Notwithstanding any other provision of
  479  law to the contrary, minimum child care licensing standards
  480  shall be developed to provide for reasonable, affordable, and
  481  safe before-school and after-school care. After-school programs
  482  that otherwise meet the criteria for exclusion from licensure
  483  may provide snacks and meals through the federal Afterschool
  484  Meal Program (AMP) administered by the Department of Health in
  485  accordance with federal regulations and standards. The
  486  Department of Health shall consider meals to be provided through
  487  the AMP only if the program is actively participating in the
  488  AMP, is in good standing with the department, and the meals meet
  489  AMP requirements. Standards, at a minimum, shall allow for a
  490  credentialed director to supervise multiple before-school and
  491  after-school sites.
  492         (2) PERSONNEL.—Minimum standards for child care personnel
  493  shall include minimum requirements as to:
  494         (a) Good moral character based upon screening as defined in
  495  s. 402.302(15). This screening shall be conducted as provided in
  496  chapter 435, using the level 2 standards for screening provided
  497  set forth in that chapter, and include employment history
  498  checks, a search of criminal history records, sexual predator
  499  and sexual offender registries, and child abuse and neglect
  500  registry of any state in which the current or prospective child
  501  care personnel resided during the preceding 5 years. The
  502  department shall complete the screening and provide the results
  503  to the child care facility within 5 business days. If the
  504  department is unable to complete the screening within 5 business
  505  days, the department shall issue the current or prospective
  506  child care personnel a 45-day provisional-hire status while all
  507  required information is being requested and the department is
  508  awaiting results unless the department has reason to believe a
  509  disqualifying factor may exist. During the 45-day period, the
  510  current or prospective child care personnel must be under the
  511  direct supervision of a screened and trained staff member when
  512  in contact with children.
  513         (e) Minimum training requirements for child care personnel.
  514         1. Such minimum standards for training shall ensure that
  515  all child care personnel take an approved 40-clock-hour
  516  introductory course in child care, which course covers at least
  517  the following topic areas:
  518         a. State and local rules and regulations which govern child
  519  care.
  520         b. Health, safety, and nutrition.
  521         c. Identifying and reporting child abuse and neglect.
  522         d. Child development, including typical and atypical
  523  language, cognitive, motor, social, and self-help skills
  524  development.
  525         e. Observation of developmental behaviors, including using
  526  a checklist or other similar observation tools and techniques to
  527  determine the child’s developmental age level.
  528         f. Specialized areas, including computer technology for
  529  professional and classroom use and early literacy and language
  530  development of children from birth to 5 years of age, as
  531  determined by the department, for owner-operators and child care
  532  personnel of a child care facility.
  533         g. Developmental disabilities, including autism spectrum
  534  disorder and Down syndrome, and early identification, use of
  535  available state and local resources, classroom integration, and
  536  positive behavioral supports for children with developmental
  537  disabilities.
  538         h.Online training coursework, provided at no cost by the
  539  department, to meet minimum training standards for child care
  540  personnel.
  541  
  542  Within 90 days after employment, child care personnel shall
  543  begin training to meet the training requirements. Child care
  544  personnel shall successfully complete such training within 1
  545  year after the date on which the training began, as evidenced by
  546  passage of an in-person or online a competency examination.
  547  Successful completion of the 40-clock-hour introductory course
  548  shall articulate into community college credit in early
  549  childhood education, pursuant to ss. 1007.24 and 1007.25.
  550  Exemption from all or a portion of the required training shall
  551  be granted to child care personnel based upon educational
  552  credentials or passage of competency examinations. Child care
  553  personnel possessing a 2-year degree or higher that includes 6
  554  college credit hours in early childhood development or child
  555  growth and development, or a child development associate
  556  credential or an equivalent state-approved child development
  557  associate credential, or a child development associate waiver
  558  certificate shall be automatically exempted from the training
  559  requirements in sub-subparagraphs b., d., and e.
  560         2.The introductory course in child care shall stress, to
  561  the extent possible, an interdisciplinary approach to the study
  562  of children.
  563         2.3. The introductory course shall cover recognition and
  564  prevention of shaken baby syndrome; prevention of sudden infant
  565  death syndrome; recognition and care of infants and toddlers
  566  with developmental disabilities, including autism spectrum
  567  disorder and Down syndrome; and early childhood brain
  568  development within the topic areas identified in this paragraph.
  569         3.4. On an annual basis in order to further their child
  570  care skills and, if appropriate, administrative skills, child
  571  care personnel who have fulfilled the requirements for the child
  572  care training shall be required to take an additional 1
  573  continuing education unit of approved inservice training, or 10
  574  clock hours of equivalent training, as determined by the
  575  department.
  576         4.5. Child care personnel shall be required to complete 0.5
  577  continuing education unit of approved training or 5 clock hours
  578  of equivalent training, as determined by the department, in
  579  early literacy and language development of children from birth
  580  to 5 years of age one time. The year that this training is
  581  completed, it shall fulfill the 0.5 continuing education unit or
  582  5 clock hours of the annual training required in subparagraph 3.
  583  4.
  584         5.6. Procedures for ensuring the training of qualified
  585  child care professionals to provide training of child care
  586  personnel, including onsite training, shall be included in the
  587  minimum standards. It is recommended that the state community
  588  child care coordination agencies (central agencies) be
  589  contracted by the department to coordinate such training when
  590  possible. Other district educational resources, such as
  591  community colleges and career programs, can be designated in
  592  such areas where central agencies may not exist or are
  593  determined not to have the capability to meet the coordination
  594  requirements set forth by the department.
  595         6.7. Training requirements do shall not apply to certain
  596  occasional or part-time support staff, including, but not
  597  limited to, swimming instructors, piano teachers, dance
  598  instructors, and gymnastics instructors.
  599         7.8. The child care operator shall be required to take
  600  basic training in serving children with disabilities within 5
  601  years after employment, either as a part of the introductory
  602  training or the annual 8 hours of inservice training.
  603         (f) Periodic health examinations for child care facility
  604  drivers.
  605         (7) SANITATION AND SAFETY.—
  606         (c)Some type of communications system, such as a pocket
  607  pager or beeper, shall be provided to a parent whose child is in
  608  drop-in child care to ensure the immediate return of the parent
  609  to the child, if necessary.
  610         (9) ADMISSIONS AND RECORDKEEPING.—
  611         (a) Minimum standards shall include requirements for
  612  preadmission and periodic health examinations, requirements for
  613  immunizations, and requirements for maintaining emergency
  614  information and health records on all children.
  615         (b)During the months of August and September of each year,
  616  each child care facility shall provide parents of children
  617  enrolled in the facility detailed information regarding the
  618  causes, symptoms, and transmission of the influenza virus in an
  619  effort to educate those parents regarding the importance of
  620  immunizing their children against influenza as recommended by
  621  the Advisory Committee on Immunization Practices of the Centers
  622  for Disease Control and Prevention.
  623         (c)During the months of April and September of each year,
  624  at a minimum, each facility shall provide parents of children
  625  enrolled in the facility information regarding the potential for
  626  a distracted adult to fail to drop off a child at the facility
  627  and instead leave the child in the adult’s vehicle upon arrival
  628  at the adult’s destination. The child care facility shall also
  629  give parents information about resources with suggestions to
  630  avoid this occurrence. The department shall develop a flyer or
  631  brochure with this information that shall be posted to the
  632  department’s website, which child care facilities may choose to
  633  reproduce and provide to parents to satisfy the requirements of
  634  this paragraph.
  635         (d)Because of the nature and duration of drop-in child
  636  care, requirements for preadmission and periodic health
  637  examinations and requirements for medically signed records of
  638  immunization required for child care facilities shall not apply.
  639  A parent of a child in drop-in child care shall, however, be
  640  required to attest to the child’s health condition and the type
  641  and current status of the child’s immunizations.
  642         (b)(e) Any child shall be exempt from medical or physical
  643  examination or medical or surgical treatment upon written
  644  request of the parent or guardian of such child who objects to
  645  the examination and treatment. However, the laws, rules, and
  646  regulations relating to contagious or communicable diseases and
  647  sanitary matters shall not be violated because of any exemption
  648  from or variation of the health and immunization minimum
  649  standards.
  650         (13) PLAN OF ACTIVITIES.—Minimum standards shall ensure
  651  that each child care facility has and implements a written plan
  652  for the daily provision of varied activities and active and
  653  quiet play opportunities appropriate to the age of the child.
  654  The written plan must include a program, to be implemented
  655  periodically for children of an appropriate age, which will
  656  assist the children in preventing and avoiding physical and
  657  mental abuse.
  658         (17)SPECIALIZED CHILD CARE FACILITIES FOR THE CARE OF
  659  MILDLY ILL CHILDREN.—Minimum standards shall be developed by the
  660  department, in conjunction with the Department of Health, for
  661  specialized child care facilities for the care of mildly ill
  662  children. The minimum standards shall address the following
  663  areas: personnel requirements; staff-to-child ratios; staff
  664  training and credentials; health and safety; physical facility
  665  requirements, including square footage; client eligibility,
  666  including a definition of “mildly ill children”; sanitation and
  667  safety; admission and recordkeeping; dispensing of medication;
  668  and a schedule of activities.
  669         Section 7. Subsection (1) of section 402.306, Florida
  670  Statutes, is amended to read:
  671         402.306 Designation of licensing agency; dissemination by
  672  the department and local licensing agency of information on
  673  child care.—
  674         (1)(a) Any county whose licensing standards meet or exceed
  675  state minimum standards may:
  676         1.(a) Designate a local licensing agency to license child
  677  care facilities in the county; or
  678         2.(b) Contract with the department to delegate the
  679  administration of state minimum standards in the county to the
  680  department.
  681         (b)The decision to designate a local licensing agency
  682  under subparagraph (a)1. must be annually affirmed by a majority
  683  vote of the county commission.
  684         Section 8. Section 402.3115, Florida Statutes, is amended
  685  to read:
  686         402.3115 Elimination of duplicative and unnecessary
  687  inspections; abbreviated inspections.—
  688         (1) The Department of Children and Families and local
  689  governmental agencies that license child care facilities shall
  690  develop and implement a plan to eliminate duplicative and
  691  unnecessary inspections of child care facilities, family day
  692  care homes, and large family child care homes.
  693         (2)(a)In addition, The department and the local
  694  governmental agencies shall develop and implement an abbreviated
  695  inspection plan for child care facilities that meets all of the
  696  following conditions:
  697         1.Have been licensed for at least 2 consecutive years.
  698         2. Have not had a no Class 1 deficiency, as defined by
  699  rule, for at least 2 consecutive years.
  700         3.Have not had more than three of the same or Class 2
  701  deficiencies, as defined by rule, for at least 2 consecutive
  702  years.
  703         4.Have received at least two full onsite renewal
  704  inspections in the most recent 2 years.
  705         5.Do not have any current uncorrected violations.
  706         6.Do not have any open regulatory complaints or active
  707  child protective services investigations.
  708         (b) The abbreviated inspection must include those elements
  709  identified by the department and the local governmental agencies
  710  as being key indicators of whether the child care facility
  711  continues to provide quality care and programming and must be
  712  updated every 5 years.
  713         (3)The department shall adopt rules and revise policies
  714  based on the recommendations in the report.
  715         (4)The department shall revise the plan under subsection
  716  (1) as necessary to maintain the validity and effectiveness of
  717  inspections.
  718         Section 9. Subsection (1) of section 402.316, Florida
  719  Statutes, is amended to read:
  720         402.316 Exemptions.—
  721         (1) The provisions of ss. 402.301-402.319, except for the
  722  requirements regarding screening of child care personnel, shall
  723  not apply to a child care facility which is an integral part of
  724  church or parochial schools conducting regularly scheduled
  725  classes, courses of study, or educational programs accredited
  726  by, or by a member of, an organization which publishes and
  727  requires compliance with its standards for health, safety, and
  728  sanitation; or which is only attended by children who meet the
  729  definition of eligible child, as defined in s. 402.261(1).
  730  However, such facilities shall meet minimum requirements of the
  731  applicable local governing body as to health, sanitation, and
  732  safety and shall meet the screening requirements pursuant to ss.
  733  402.305 and 402.3055. Failure by a facility to comply with such
  734  screening requirements shall result in the loss of the
  735  facility’s exemption from licensure.
  736         Section 10. Section 561.1214, Florida Statutes, is created
  737  to read:
  738         561.1214Child care tax credits.—Beginning January 1, 2025,
  739  there is allowed a credit pursuant to s. 402.261 against any tax
  740  due under s. 563.05, s. 564.06, or s. 565.12, except excise
  741  taxes imposed on wine produced by manufacturers in this state
  742  from products grown in this state. However, a credit allowed
  743  under this section may not exceed 90 percent of the tax due on
  744  the return on which the credit is taken. For purposes of the
  745  distributions of tax revenue under ss. 561.121 and 564.06(10),
  746  the division shall disregard any tax credits allowed under this
  747  section to ensure that any reduction in tax revenue received
  748  which is attributable to the tax credits results only in a
  749  reduction in distributions to the General Revenue Fund. The
  750  provisions of s. 402.261 apply to the credit authorized by this
  751  section.
  752         Section 11. Section 624.5107, Florida Statutes, is amended
  753  to read:
  754         624.5107 Child care tax credits.—
  755         (1) For taxable years beginning on or after January 1,
  756  2025, there is allowed a credit pursuant to s. 402.261 against
  757  any tax due for a taxable year under s. 624.509(1) after
  758  deducting from such tax deductions for assessments made pursuant
  759  to s. 440.51; credits for taxes paid under ss. 175.101 and
  760  185.08; credits for income taxes paid under chapter 220; and the
  761  credit allowed under s. 624.509(5), as such credit is limited by
  762  s. 624.509(6). An insurer claiming a credit against premium tax
  763  liability under this section is not required to pay any
  764  additional retaliatory tax levied under s. 624.5091 as a result
  765  of claiming such credit. Section 624.5091 does not limit such
  766  credit in any manner. If the credit granted under this section
  767  is not fully used in any one year because of insufficient tax
  768  liability on the part of the insurer, the unused amount may be
  769  carried forward for a period not to exceed 5 years. The
  770  carryover credit may be used in a subsequent year when the tax
  771  imposed by s. 624.509 or s. 624.510 for that year exceeds the
  772  credit for which the insurer is eligible in that year under this
  773  section.
  774         (2) For purposes of determining if a penalty under s.
  775  624.5092 will be imposed, an insurer, after earning a credit
  776  under s. 624.5107 for a taxable year, may reduce any installment
  777  payment for such taxable year of 27 percent of the amount of the
  778  net tax due as reported on the return for the preceding year
  779  under s. 624.5092(2)(b) by the amount of the credit. If an
  780  insurer receives a credit for child care facility startup costs,
  781  and the facility fails to operate for at least 5 years, a pro
  782  rata share of the credit must be repaid, in accordance with the
  783  formula: A = C x (1 - (N/60)), where:
  784         (a)“A” is the amount in dollars of the required repayment.
  785         (b)“C” is the total credits taken by the insurer for child
  786  care facility startup costs.
  787         (c)“N” is the number of months the facility was in
  788  operation.
  789  
  790  This repayment requirement is inapplicable if the insurer goes
  791  out of business or can demonstrate to the department that its
  792  employees no longer want to have a child care facility.
  793         (3)The provisions of s. 402.261 apply to the credit
  794  authorized by this section.
  795         Section 12. Subsection (7) of section 624.509, Florida
  796  Statutes, is amended to read:
  797         624.509 Premium tax; rate and computation.—
  798         (7) Credits and deductions against the tax imposed by this
  799  section shall be taken in the following order: deductions for
  800  assessments made pursuant to s. 440.51; credits for taxes paid
  801  under ss. 175.101 and 185.08; credits for income taxes paid
  802  under chapter 220 and the credit allowed under subsection (5),
  803  as these credits are limited by subsection (6); the credit
  804  allowed under s. 624.51057; the credit allowed under s.
  805  624.51058; the credit allowed under s. 624.5107; all other
  806  available credits and deductions.
  807         Section 13. Section 627.70161, Florida Statutes, is amended
  808  to read:
  809         627.70161 Family day care and large family child care
  810  insurance.—
  811         (1) PURPOSE AND INTENT.—The Legislature recognizes that
  812  family day care homes and large family child care homes fulfill
  813  a vital role in providing child care in Florida. It is the
  814  intent of the Legislature that residential property insurance
  815  coverage should not be canceled, denied, or nonrenewed solely on
  816  the basis of the family day care or child care services at the
  817  residence. The Legislature also recognizes that the potential
  818  liability of residential property insurers is substantially
  819  increased by the rendition of child care services on the
  820  premises. The Legislature therefore finds that there is a public
  821  need to specify that contractual liabilities that arise in
  822  connection with the operation of the family day care home or
  823  large family child care home are excluded from residential
  824  property insurance policies unless they are specifically
  825  included in such coverage.
  826         (2) DEFINITIONS.—As used in this section, the term:
  827         (a) “Child care” means the care, protection, and
  828  supervision of a child, for a period of less than 24 hours a day
  829  on a regular basis, which supplements parental care, enrichment,
  830  and health supervision for the child, in accordance with his or
  831  her individual needs, and for which a payment, fee, or grant is
  832  made for care.
  833         (b) “Family day care home” means an occupied residence in
  834  which child care is regularly provided for children from at
  835  least two unrelated families and which receives a payment, fee,
  836  or grant for any of the children receiving care, whether or not
  837  operated for a profit.
  838         (c)“Large family child care home” means an occupied
  839  residence in which child care is regularly provided for children
  840  from at least two unrelated families, which receives a payment,
  841  fee, or grant for any of the children receiving care, regardless
  842  of whether operated for profit, and which has at least two full
  843  time child care personnel on the premises during the hours of
  844  operation. One of the two full-time child care personnel must be
  845  the owner or occupant of the residence. A large family child
  846  care home must first have operated as a licensed family day care
  847  home for at least 2 years, with an operator who has held a child
  848  development associate credential or its equivalent for at least
  849  1 year, before seeking licensure as a large family child care
  850  home. Household children under 13 years of age, when on the
  851  premises of the large family child care home or on a field trip
  852  with children enrolled in child care, must be included in the
  853  overall capacity of the licensed home. A large family child care
  854  home may provide care for one of the following groups of
  855  children, which must include household children under 13 years
  856  of age:
  857         1.A maximum of eight children from birth to 24 months of
  858  age.
  859         2.A maximum of 12 children, with no more than four
  860  children under 24 months of age.
  861         (3) FAMILY DAY CARE AND LARGE FAMILY CHILD CARE; COVERAGE.
  862  A residential property insurance policy may shall not provide
  863  coverage for liability for claims arising out of, or in
  864  connection with, the operation of a family day care home or
  865  large family child care home, and the insurer shall be under no
  866  obligation to defend against lawsuits covering such claims,
  867  unless:
  868         (a) Specifically covered in a policy; or
  869         (b) Covered by a rider or endorsement for business coverage
  870  attached to a policy.
  871         (4) DENIAL, CANCELLATION, REFUSAL TO RENEW PROHIBITED.—An
  872  insurer may not deny, cancel, or refuse to renew a policy for
  873  residential property insurance solely on the basis that the
  874  policyholder or applicant operates a family day care home or
  875  large family child care home. In addition to other lawful
  876  reasons for refusing to insure, an insurer may deny, cancel, or
  877  refuse to renew a policy of a family day care home or large
  878  family child care home provider if one or more of the following
  879  conditions occur:
  880         (a) The policyholder or applicant provides care for more
  881  children than authorized for family day care homes by s.
  882  402.302;
  883         (b) The policyholder or applicant fails to maintain a
  884  separate commercial liability policy or an endorsement providing
  885  liability coverage for the family day care home or large family
  886  child care home operations;
  887         (c) The policyholder or applicant fails to comply with the
  888  applicable family day care home licensure and registration
  889  requirements specified in chapter 402 s. 402.313; or
  890         (d) Discovery of willful or grossly negligent acts or
  891  omissions or any violations of state laws or regulations
  892  establishing safety standards for family day care homes or large
  893  family child care home by the named insured or his or her
  894  representative which materially increase any of the risks
  895  insured.
  896         Section 14. Subsection (1) of section 1002.59, Florida
  897  Statutes, is amended to read:
  898         1002.59 Emergent literacy and performance standards
  899  training courses.—
  900         (1) The department, in collaboration with the Just Read,
  901  Florida! Office, shall adopt minimum standards for courses in
  902  emergent literacy for prekindergarten instructors. Each course
  903  must consist of 5 clock hours and provide instruction in
  904  strategies and techniques to address the age-appropriate
  905  progress of prekindergarten students in developing emergent
  906  literacy skills, including oral communication, knowledge of
  907  print and letters, phonological and phonemic awareness,
  908  vocabulary and comprehension development, and foundational
  909  background knowledge designed to correlate with the content that
  910  students will encounter in grades K-12, consistent with the
  911  evidence-based content and strategies grounded in the science of
  912  reading identified pursuant to s. 1001.215(7). The course
  913  standards must be reviewed as part of any review of subject
  914  coverage or endorsement requirements in the elementary, reading,
  915  and exceptional student educational areas conducted pursuant to
  916  s. 1012.586. Each course must also provide resources containing
  917  strategies that allow students with disabilities and other
  918  special needs to derive maximum benefit from the Voluntary
  919  Prekindergarten Education Program. Successful completion of an
  920  emergent literacy training course approved under this section
  921  satisfies requirements for approved training in early literacy
  922  and language development under ss. 402.305(2)(e)4., 402.313(6),
  923  and 402.3131(5) ss. 402.305(2)(e)5., 402.313(6), and
  924  402.3131(5).
  925         Section 15. (1)The Department of Revenue is authorized,
  926  and all conditions are deemed met, to adopt emergency rules
  927  pursuant to s. 120.54(4), Florida Statutes, to implement this
  928  act. Notwithstanding any other provision of law, emergency rules
  929  adopted pursuant to this subsection are effective for 6 months
  930  after adoption and may be renewed during the pendency of
  931  procedures to adopt permanent rules addressing the subject of
  932  the emergency rules.
  933         (2)This section shall take effect upon this act becoming a
  934  law and expires July 1, 2025.
  935         Section 16. Except as otherwise provided in this act and
  936  except for this section, which shall take effect upon this act
  937  becoming a law, this act shall take effect July 1, 2024.